Tpb Is Great Essay

Submitted By ryanperry135
Words: 1567
Pages: 7

On 31 January 2008 Swedish prosecutors filed charges against four individuals they associated with The Pirate Bay for "promoting other people's infringements of copyright laws".[1][2] One of the artists represented by IFPI, Max Peezay, withdrew from the case, decreasing his distributor's compensation demand by 120 000 SEK. Peezay hadn't been asked about participating in the case, and he in fact supports file sharing for private use.[20] Peezay noted however that being unfamiliar with the site, his withdrawal shouldn't be interpreted as a sign of support for their case.[21] The trial began in February 2009. The evidence used in the trial was based on the material acquired in the 2006 raid.[11]

The Swedish national television broadcaster Sveriges Television considered the trial important[22] and provided a live online feed of the entire trial,[23] which had never been done in Sweden before.[24] The live audio and archive sections done in cooperation with Dagens Eko were part of the 24 Direkt program, which became one of their most viewed online content during the trial, second only to Melodifestivalen.[25] The trial was also broadcast live by Swedish public radio.[26]

The defendants referred to the trial as a "Spectrial", which is a portmanteau of "trial" and "spectacle",[27][28] and set up a blog to inform users on the event.[29] The term has also caught on with some bloggers and supporters.[30]
First day of the trial

On 16 February 2009 defense lawyer Per E. Samuelson stressed to the court that "file sharing services can be used both legally and illegally". Samuelson argued that "it is legal to offer a service that can be used in both a legal and illegal way according to Swedish law" and that The Pirate Bay's services "can be compared to making cars that can be driven faster than the speed limit". Defense attorney Jonas Nilsson insisted that "the individual Internet users who use Pirate Bay services... must answer for the material they have in their possession or the files they plan to share with others."[31]
Second day of the trial

On 17 February 2009 (the second day of the trial) half of the charges against The Pirate Bay were dropped.[32] According to defense lawyer Per Samuelson, "This is a sensation. It is very rare to win half the case in just one and a half days and it is clear the prosecutor took strong note of what we said yesterday". Peter Danowsky, legal counsel for the music companies, stated "It's a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay. In fact it simplifies the prosecutor’s case by allowing him to focus on the main issue which is the making available of copyrighted works."[33] The prosecutor was unable to prove the .torrent files brought as evidence were actually using The Pirate Bay's tracker. Furthermore, prosecutor Håkan Roswall did not adequately explain the function of DHT which allows for so-called "trackerless" torrents. These shortcomings in the evidence resulted in prosecutor Håkan Roswall having to drop all charges relating to "assisting copyright infringement", leaving "assisting making available" as the remaining charge. Roswall stated that "everything related to reproduction will be removed from the claim".[34] Sanna Wolk, a doctor in law and researcher at Stockholm University observed that "this is not surprising, at least for those who follow the matter. We knew that The Pirate Bay wasn't making any copies directly".[4]
Third day of the trial

On the third day of The Pirate Bay trial, prosecution witnesses claimed damages on the basis that it should have obtained worldwide licenses for the content it distributed. Where content wasn't officially available, a Beatles song, for example, it should be charged at 10 times the going rate. This calculation underlines the prosecution's demand for 117 million SEK (US$12.9 million, €10.2 million) in compensation and damages.[35]